Legal Opinion
People v. Turner
California Court of Appeal
Decided May 30, 1985No. Crim. 12781PublishedCited by 50 opinions
1Opinion of the Court
Opinion
SPARKS, J.
Defendant made an unsuccessful motion to dismiss the information on the grounds of double prosecution in violation of Penal Code section 654 as construed by Kellett v. Superior Court (1966) 63 Cal.2d 822 [48 Cal.Rptr. 366, 409 P.2d 206], He then pled guilty, obtained a certificate of probable cause and appealed solely on the ground that the trial court erroneously denied the motion. The central question is whether the Kellett issue is cognizable on appeal after a guilty plea. We hold that it is. On the merits, however, we find no violation of the proscription against multiple…
2Cases cited38 opinions
- Tollett v. HendersonSupreme Court of the United States · 1973
- Blackledge v. PerrySupreme Court of the United States · 1974
- Bartkus v. IllinoisSupreme Court of the United States · 1959
- Neal v. State of CaliforniaCalifornia Supreme Court · 1960
- People v. DeVaughnCalifornia Supreme Court · 1977
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3Cited by50 opinions
- People v. KellyCalifornia Supreme Court · 2006
- People v. HughesCalifornia Supreme Court · 2002
- State v. EdgarSupreme Court of Kansas · 2006
- People v. KelleyCalifornia Court of Appeal · 1997
- People v. McGuireCalifornia Court of Appeal · 1993
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